APPENDIX E - ORCUTT PILOT PROGRAM

The purpose of this questionnaire is to determine whether the proposed project requires the issuance of a Land Use Permit or a Zoning Clearance for projects proposed in the Orcutt Community Plan area.

1.

New home on a vacant lot: Is this an application for a new home located on a vacant lot in a subdivision tract that was approved after January 1, 1990? Note - Does not apply to an addition to an existing home, or the demolition and reconstruction of a home.

If yes, immediately consult with a Planning and Development planner because a Zoning Clearance is all that is necessary assuming the project complies with the tract map conditions and zoning ordinance requirements.

If no, continue with the rest of the checklist.

□ Yes □ No

2.

Old Town Orcutt: Is your project located in Old Town Orcutt (see Figure 1, Old Town Orcutt).

If yes, immediately consult with a Planning and Development planner to see if approval by the Old Town Orcutt Board Architectural Review is required. If OTBAR review is required, a Land Use Permit is required.

If no, continue with the rest of the checklist.

□ Yes □ No

3.

Two or three story homes: Does your project propose a new two- or three- story home or a second or third story addition?

If yes, immediately consult with a Planning and Development planner because a Land Use Permit is required.

□ Yes □ No

4.

Agriculture: Is your project located adjacent to land zoned or used for agricultural (see Figure 2, Orcutt Agricultural Lands).

□ Yes □ No

If yes, immediately consult with a Planning and Development planner because a Land Use Permit may be required.

If no, continue with the rest of the checklist.

□ Yes □ No

5.

Airport Zones: Is your project located in the Airport Safety Zones (see Figure 3, Airport Safety Zones).

If yes, immediately consult with a Planning and Development planner because a Land Use Permit may be required.

If no, continue with the rest of the checklist.

□ Yes □ No

6.

Biological Resources: Does your property have significant biological resources such as:

A.

The project site is within or adjacent to significant vegetation (see Figure 4, Significant Vegetation).

B.

The proposed development would remove native trees over six feet in height or non-native trees with a 25 inch or greater diameter at breast height.

C.

The proposed development includes the construction of structures within a wetland, or the construction of roads over a creek or stream corridor.

D.

The proposed development is set back less than 50 feet from the outside edge of riparian vegetation and the top of creek bank (as defined by County Flood Control standards). Drainage plans direct polluting drainage away from the creek or include appropriate filters and erosion and sedimentation control plans are proposed during construction.

E.

The proposed development includes the construction of roads over a creek or stream corridor.

If yes, immediately consult with a Planning and Development planner because a Land Use Permit is required.

If no, continue with the rest of the checklist.

□ Yes □ No

7.

Flooding & Drainage: Is your project located adjacent to Orcutt or Pine Creeks (see Figure 5, Orcutt Flood Hazard Areas).

If yes, immediately consult with a Planning and Development planner because a Land Use Permit is required.

If no, continue with the rest of the checklist.

□ Yes □ No

8.

Geology, Topography & Soils: Does your property have significant geologic, topographic and/or soils hazards, e.g.:

A.

The proposed development is located within 50 feet of an active or potentially active fault (see Figure 6, Geologic Formations).

B.

The proposed development drains to the rear of the lot.

C.

The proposed development is located on slopes of more than 20% (See definition of slope).

D.

The depth of the proposed cut and fill is greater than three feet.

E.

The proposed development involves more than 100 cubic yards of grading.

If yes, immediately consult with a Planning and Development planner because a Land Use Permit is required.

If no, continue with the rest of the checklist.

□ Yes □ No

9.

Noise: Is your project located in an area that currently exceeds the 65 dB(A) CNEL noise level (see Figure 7, Noise Levels - Buildout).

If yes, immediately consult with a Planning and Development planner because a Land Use Permit is required.

If no, continue with the rest of the checklist.

□ Yes □ No

10.

Open Space: Is your project located within or adjacent to an Open Space Area designated on the Orcutt Community Plan (see Figure 8, Open Space).

If yes, immediately consult with a Planning and Development planner because a Land Use Permit may be required.

If no, continue with the rest of the checklist.

END OF CHECKLIST - Please consult with Planning and Development staff to confirm your answers and submit the appropriate application for either a Zoning Clearance or Land Use Permit.

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Figure 1 - Old Town Orcutt See corresponding figure (Figure 9) in Orcutt Community Plan

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Figure 2 - Orcutt Agricultural Lands See corresponding figure (Figure 11) in Orcutt Community Plan

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Figure 3 - Airport Safety Zones See corresponding figure (Figure 37) in Orcutt Community Plan

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Figure 4 - Significant Vegetation See corresponding figure (Figure 24) in Orcutt Community Plan

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Figure 5 - Orcutt Flood Hazard Areas See corresponding figure (Figure 27) in Orcutt Community Plan

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Figure 6 - Geologic Formations See corresponding figure (Figure 33) in Orcutt Community Plan

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Figure 7 - Noise Levels - Buildout See corresponding figure (Figure 35) in Orcutt Community Plan

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Figure 8 - Open Space

See corresponding figure (Figure 16) in Orcutt Community Plan

APPENDIX F - SUBSTANTIAL CONFORMITY DETERMINATION GUIDELINES

On occasion, an applicant requests slight deviations from an approved action in order to carry out a project. The County Development Code allows certain types of alterations from an approved project, following a determination of substantial conformity.

Procedure:

1.

Applicant obtains an application for a Substantial Conformity Determination at the Department and pays applicable fees which may vary depending on the complexity of the request.

2.

The Department reviews the project description that was considered at the time of project approval.

The Department considers key issues:

a.

Has the project been the subject of substantial public controversy, or is there reason to believe the change is likely to create substantial public controversy?

b.

Will the deviation result in a change to the project that would alter the scope and intent of the project the review authority acted on?

c.

Would the deviation alter the public's perception of the project?

d.

Would the deviation result in environmental effects not analyzed or discussed at the time of project approval and/or result in the need for additional mitigation measures?

If the answer to any of these basic questions is "yes", the Director cannot make a determination of substantial conformity.

4.

The Department compares the request with established criteria. Listed below are criteria developed to assist in determining whether proposed changes to approved projects are in substantial conformity with the approved plans.

a.

Does not conflict with project conditions of approval and/or recorded map conditions.

b.

Does not result in health or safety impacts.

c.

That the project facilities, operating procedures, environmental impacts, safety impacts, and the project's compliance with policies are substantially the same as those considered in the previous permit issued by the Director.

d.

That the changes proposed can be effectuated through existing permit conditions.

e.

That the impacts and changes do not alter the findings that the benefits of the project outweigh the significant unavoidable environmental effects made in connection with the original approval.

f.

Does not result in an increase of 1,000 sq. ft. or more than 10 percent of building coverage of new structures over total project approvals, whichever is less.

g.

Is clearly exempt from environmental review or was evaluated in the environmental review document prepared for the project and there are no new significant impacts related to the project change.

h.

Does not require the removal of specimen trees or impact areas defined in the project environmental document as sensitive or designated as areas prohibiting structures.

i.

Is consistent with Comprehensive plan policies and Development Code requirements.

j.

Does not result in more than 1500 cubic yards of net cut and/or fill, and avoids slopes of 30% or greater,

unless these impacts were addressed in the environmental assessment for the project and mitigation measures were imposed to mitigate said impacts and the proposal would not compromise the mitigation measures imposed or result in additional environmental impacts.

k.

Is located within the same general location as, and is topographically similar to, approved plans. The location shall not be moved more than 10 percent closer to a property line than the originally approved development.

l.

Does not result in an overall height which is greater than 10 percent above the approved height. The project must remain consistent with height requirements of the zone.

m.

Receives Design Review approval for landscaping and structures, if necessary.

n.

Does not result in intensification of use; e.g., no new employees, no increases in traffic, if these were important to the previous environmental/policy analysis.

o.

Does not affect easements for trails, public access, or open space.

5.

Depending on the degree of complexity for a substantial conformity determination request, the project manager takes action as follows:

a.

If a Substantial Conformity Determination request is minor, (e.g., no additional conditions are required, is not controversial, does not alter the intent of the decision-makers action, with approval from their supervisor), the Director issues the appropriate permit (Land Use Permit).

b.

The Department prepares a letter outlining the changes to be made and why they are being approved. The letter must be reviewed and signed Director.

6.

If a Substantial Conformity Determination cannot be made regarding changes to a project, the applicant may:

a.

Withdraw the request and continue with the project as approved; or

b.

Submit an application for a Substantial Conformity Determination to the review authority for the original permit to which the Substantial Conformity Determination is requested, or apply for Amendment or Revision of the original permit.

7.

Substantial Conformity Determinations are made by the review authority for the original permit if the conditions of approval of that permit so require.